No. 01-56016

448 F.3d 1146 James M. FRIERY, Plaintiff-Appellant, v. LOS ANGELES UNIFIED SCHOOL DISTRICT; Russ Thompson; Genethia Hudley Hayes; Valerie Fields; Victoria M. Castro; Caprice Young; David Tokofsky; Julie Korenstein; Mike Lansing; Ruben Zacarias, in their individual and official capacities; United Teachers of Los Angeles, Defendants-Appellees, and Office of Civil Rights; DOES 1 through 10, inclusive, Defendants. No. 01-56016. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 5, 2002. Questions Certified to California Supreme Court August 22, 2002. Certification Denied November 13, 2002. Supplemental Briefing Ordered August 13, 2003. Submission Deferred March 12, 2004. Supplemental Briefing Ordered October 28, 2005. Re-argued and Re-submitted April 6, 2006. Filed May 24, 2006. Richard D. Ackerman, United States Justice Foundation, Temecula, CA, argued the cause and was on the brief for appellant. Gary G. Kreep, United States Justice Foundation, Escondido, CA, was on the brief. 1 Peter W. James, Baker & Hostetler LLP, Los Angeles, CA, argued the cause and was on the brief for appellee Los Angeles Unified School District. Lisa F. Hinchliffe and Gregory L.…